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Code of Criminal Procedure Act, 1973

NO.2 OF 1974

Contents
Sections Particulars
Chapter I Preliminary
1 Short title, extent and commencement
2 Definitions
3 Construction of references
4 Trial of offences under the Indian Penal Code and other laws
5 Saving
Chapter II Constitution Of Criminal Courts And Offices
6 Classes of Criminal Courts
7 Territorial divisions
8 Metropolitan areas
9 Court of Session
10 Subordination of Assistant Sessions Judges
11 Courts of Judicial Magistrates
12 Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
13 Special Judicial Magistrates
14 Local jurisdiction of Judicial Magistrates
15 Subordination of Judicial Magistrates
16 Courts of Metropolitan Magistrates
17 Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates
18 Special Metropolitan Magistrates
19 Subordination of Metropolitan Magistrates
20 Executive Magistrates
21 Special Executive Magistrates
22 Local jurisdiction of Executive Magistrates
23 Subordination of Executive Magistrates
24 Public Prosecutors
25 Assistant Public Prosecutors
Chapter III Power Of Courts
26 Courts by which offences are triable
27 Jurisdiction in the case of juveniles
28 Sentences which High Courts and Sessions Judges may pass
29 Sentences which Magistrates may pass
30 Sentence of imprisonment in default of fine
31 Sentence in cases of conviction of several offences at one trial
32 Mode of conferring powers
33 Powers of officers appointed
34 Withdrawal of powers
35 Powers of Judges and Magistrates exercisable by their successors-in-office
Chapter IV Powers Of Superior Officers Of Police
36 Powers of superior officers of police
37 Public when to assist Magistrates and police
38 Aid to person, other than police officer, executing warrant
39 Public to give information of certain offences
40 Duty of officers employed in connection with the affairs of a village to make certain report
Chapter V Arrest Of Persons
41 When police may arrest without warrant
42 Arrest on refusal to give name and residence
43 Arrest by Private person and procedure on such arrest
44 Arrest by Magistrate
45 Protection of members of the Armed Forces from arrest
46 Arrest how made
47 Search of place entered by person sought to be arrested
48 Pursuit of offenders into other jurisdictions
49 No unnecessary restraint
50 Person arrested to be informed of grounds of arrest and of right to bail
51 Search of arrested person
52 Power to seize offensive weapons
53 Examination of accused by medical practitioner at the request of police officer
54 Examination of arrested person by medical practitioner at the request of the arrested person
55 Procedure when police officer deputes subordinate to arrest without warrant
56 Person arrested to be taken before Magistrate or officer in charge of police station
57 Person arrested not to be detained more than twenty-four hours
58 Police to report apprehensions
59 Discharge of person apprehended
60 Power, on escape, to pursue and retake
Chapter VI Processes To Compel Appearance
61 Form of summons
62 Summons how served
63 Service of summons on corporate bodies and societies
64 Service when persons summoned cannot be found
65 Procedure when service cannot be effected as before provided
66 Service on Government
67 Service of summons outside local limits
68 Proof of service in such cases and when serving officer not present
69 Service of summons on witness by post
70 Form of warrant of arrest and duration
71 Power to direct security to be taken
72 Warrants to whom directed
73 Warrant may be directed to any person
74 Warrant directed to police officer
75 Notification of substance of warrant
76 Person arrested to be brought before Court without delay
77 Where warrant may be executed
78 Warrant forwarded for execution outside jurisdiction
79 Warrant directed to police officer for execution outside jurisdiction
80 Procedure on arrest of person against whom warrant issued
81 Procedure by Magistrate before whom such person arrested is brought
82 Proclamation for person absconding
83 Attachment of property of person absconding
84 Claims and objections to attachment
85 Release, sale and restoration of attached property
86 Appeal from order rejecting application for restoration of attached property
87 Issue of warrant in lieu of, or in addition to, summons
88 Power to take bond for appearance
89 Arrest on breach of bond for appearance
90 Provisions of this Chapter generally applicable to summonses and warrants of arrest
Chapter XIII Jurisdiction Of The Criminal Courts In Inquiries And Trials
177 Ordinary place of inquiry and trial
178 Place of inquiry or trial
179 Offence triable where act is done or consequence ensues
180 Place of trial where act is an offence by reason of relation to other offence
181 Place of trial in case of certain offences
182 Offences committed by letters, etc
183 Offence committed on journey or voyage
184 Place of trial for offences triable together.- Where
185 Power to order cases to be tried in different sessions divisions
186 High Court to decide, in case of doubt, district where inquiry or trial shall take place
187 Power to issue summons or warrant for offence committed beyond local jurisdiction
188 Offence committed outside India
189 Receipt of evidence relating to offences committed outside India
Chapter XIV Conditions Requisite For Initiation Of Proceeding
190 Cognizance of offences by Magistrates
191 Transfer on application of the accused
192 Making over of cases to Magistrates
193 Cognizance of offences by Courts of Session
194 Additional and Assistant Sessions Judges to try cases made over to them
195 Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
196 Prosecution for offences against the State and for criminal conspiracy to commit such offence
197 Prosecution of Judges and public servants
198 Prosecution for offences against marriage
199 Prosecution for defamation
Chapter XV Complaints To Magistrates
200 Examination of complainant
201 Procedure by Magistrate not competent to take cognizance of the case
202 Postponement of issue of process
203 Dismissal of complaint
Chapter XVI Commencement Of Proceedings Before Magistrates
204 Issue of process
205 Magistrate may dispense with personal attendance of accused
206 Special summons in cases of petty offence
207 Supply to the accused of copy of police report and other documents
208 Supply of copies of statements and documents to accused in other cases triable by Court of Session
209 Commitment of case to Court of Session when offence is triable exclusively by it
210 Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
Chapter XVII The Charge
211 Contents of charge
212 Particulars as to time, place and person
213 When manner of committing offence must be stated
214 Words in charge taken in sense of law under which offence is punishable
215 Effect of errors
216 Court may alter charge
217 Recall of witnesses when charge altered
218 Separate charges for distinct offences
219 Three offences of same kind within year may be charged together
220 Trial for more than one offence
221 Trial for more than one offence-1
222 When offence proved included in offence charged
223 What persons may be charged jointly
224 Withdrawal of remaining charges on conviction on one of several charges
Chapter XVIII Trial Before A Court Of Session
225 Trial to be conducted by Public Prosecutor
226 Opening case for prosecution
227 Discharge
228 Framing of charge
229 Conviction on plea of guilty
230 Date for prosecution evidence
231 Evidence for prosecution
232 Acquittal
233 Entering upon defence
234 Arguments
235 Judgment of acquittal of conviction
236 Previous conviction
237 Procedure in cases instituted under section 199(2)
Chapter XIX Trial Of Warrant-Cases By Magistrates
238 Compliance with section 207
239 When accused shall be discharged
240 Framing of charge
241 Conviction on plea of guilty
242 Evidence for prosecution
243 Evidence for defence
244 Evidence for prosecution
245 When accused shall be discharged
246 Procedure where accused is not discharged
247 Evidence for defence
248 Acquittal or conviction
249 Absence of complainant
250 Compensation for accusation without reasonable cause
Chapter XX Trial Of Summons-Cases By Magistrates
251 Substance of accusation to be stated
252 Conviction on plea of guilty
253 Conviction on plea of guilty in absence of accused in petty cases
254 Procedure when not convicted
255 Acquittal or conviction
256 Non-appearance or death of complainant
257 Withdrawal of complaint
258 Power to stop proceedings in certain cases
259 Power of Court to convert summons-cases into warrant-cases
Chapter XXI Summary Trials
260 Power to try summarily
261 Summary trial by Magistrate of the second class
262 Procedure for summary trials
263 Record in summary trials
264 Judgment in cases tried summarily
265 Language of record and judgment
Chapter XXII Attendance Of Persons Confined Or Detained In Prisons
266 Definitions
267 Power to require attendance of prisoners
268 Power of State Government to exclude certain persons from operation of section 267
269 Officer in charge of prison to abstain from carrying out order in certain contingencies
270 Prisoner to be brought to Court in custody
271 Power to issue commission for examination of witness in prison
Chapter XXIII Evidence In Inquiries And Trials
272 Language of Courts
273 Evidence to be taken in presence of accused
274 Record in summons cases and inquiries
275 Record in warrant-cases
276 Record in trial before Court of Session
277 Language of record of evidence
278 Procedure in regard to such evidence when completed
279 Interpretation of evidence to accused or his pleader
280 Remarks respecting demeanour of witness
281 Record of examination of accused
282 Interpreter to be bound to interpret truthfully
283 Record in High Court
284 When attendance of witness may be dispensed with and commission issued
285 Commission to whom to be issued
286 Execution of commissions
287 Parties may examine witnesses
288 Return of commission
289 Adjournment of proceeding
290 Execution of foreign commissions
291 Deposition of medical witness
292 Evidence of the officers of the Mint
293 Reports of certain Government scientific experts
294 No formal proof of certain documents
295 Affidavit in proof of conduct of public servant
296 Evidence of formal character on affidavit
297 Authorities before whom affidavits may be sworn
298 Previous conviction or acquittal how proved
299 Record of evidence in absence of accused
Chapter XXIV General Provisions As To Inquiries And Trials
300 Person once convicted or acquitted not to be tried for same offence
301 Appearance by Public Prosecutors
302 Permission to conduct prosecution
303 Right of person against whom proceedings are instituted to be defended
304 Legal aid to accused at State expense in certain cases
305 Procedure when corporation or registered society is an accused
306 Tender of pardon to accomplice
307 Power to direct tender of pardon
308 Trial of person not complying with conditions of pardon
309 Power to postpone or adjourn proceedings
310 Local inspection
311 Power to summon material witness, or examine person present
312 Expenses of complainants and witnesses
313 Power to examine the accused
314 Oral arguments and memorandum of arguments
315 Accused person to be competent witness
316 No influence to be used to induce disclosure
317 Provision for inquiries and trial being held in the absence of accused in certain cases
318 Procedure where accused does not understand proceedings
319 Power to proceed against other persons appearing to be guilty of offence
320 Compounding of offences
321 Withdrawal from prosecution
322 Procedure in cases which Magistrate cannot dispose
323 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
324 Trial of persons previously convicted of offences against coinage, stamp-law or property
325 Procedure when Magistrate cannot pass sentence sufficiently severe
326 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
327 Court to be open
Chapter XXV Provisions As To Accused Persons Of Unsound Mind
328 Procedure in case of accused being lunatic
329 Procedure in case of person of unsound mind tried before Court
330 Release of lunatic pending investigation or trial
331 Resumption of inquiry or trial
332 Procedure on accused appearing before Magistrate or Court
333 When accused appears to have been of sound mind
334 Judgment of acquittal on ground of unsoundness of mind
335 Person acquitted on such ground to be detained in safe custody
336 Power of State Government to empower officer in charge to discharge
337 Procedure where lunatic prisoner is reported capable of making his defence
338 Procedure where lunatic detained is declared fit to be released
339 Delivery of lunatic to care of relative or friend
Chapter XXVI Provisions As To Offences Affecting The Administration Of Justice
340 Procedure in cases mentioned in section 195
341 Appeal
342 Power to order costs
343 Procedure of Magistrate taking cognizance
344 Summary procedure for trial for giving false evidence
345 Procedure in certain cases of contempt
346 Procedure where Court considers that case should not be dealt with under section 345
347 When Registrar or Sub-Registrar to be deemed a Civil Court
348 Discharge of offender on submission of apology
349 Imprisonment or committal of person refusing to answer or produce document
350 Summary procedure for punishment for non-attendance by a witness in obedience to summons
351 Appeals from convictions under sections 344, 345, 349 and 350
352 Certain Judges and Magistrates not to try certain offences when committed before themselves
Chapter XXVII The Judgment
353 Judgment
354 Language and contents of judgment
355 Metropolitan Magistrates judgment
356 Order for notifying address of previously convicted offender
357 Order to pay compensation
358 Compensation to persons groundlessly arrested
359 Order to pay costs in non-cognizable cases
360 Order to release on probation of good conduct or after admonition
361 Special reasons to be recorded in certain cases.- Where in any case the Court could have dealt with
362 Court not to alter judgment
363 Copy of judgment to be given to the accused and other persons
364 Judgment when to be translated
365 Court of Session to send copy of finding and sentence to District Magistrate
Chapter XXVIII Submission Of Death Sentences For Confirmation
366 Sentence of death to be submitted by Court of Session for confirmation
367 Power to direct further inquiry to be made or additional evidence to be taken
368 Power of High Court to confirm sentence or annul conviction
369 Confirmation or new sentence to be signed by two Judges
370 Procedure in case of difference of opinion
371 Procedure in cases submitted to High Court for confirmation
Chapter XXIX Appeals
372 No appeals to lie unless otherwise provided
373 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
374 Appeals from convictions
375 No appeal in certain cases when accused pleads guilty
376 No appeal in petty cases
377 Appeal by the State Government against sentence
378 Appeal in case of acquittal
379 Appeal against conviction by High Court in certain cases
380 Special right of appeal in certain cases
381 Appeal to Court of Session how heard
382 Petition of appeal
383 Procedure when appellant in jail
384 Summary dismissal of appeal
385 Procedure for hearing appeals not dismissed summarily
386 Powers of the Appellate Court
387 Judgments of subordinate Appellate Court
388 Order of High Court on appeal to be certified to lower Court
389 Suspension of sentence pending the appeal; release of appellant on bail
390 Arrest of accused in appeal from acquittal
391 Appellate Court may take further evidence or direct it to be taken
392 Procedure where Judges of Court of Appeal are equally divided
393 Finality of judgments and orders on appeal
394 Abatement of appeal
Chapter XXX Reference And Revision
395 Reference to High Court
396 Disposal of case according to decision of High Court
397 Calling for records to exercise powers of revision
398 Power to order inquiry
399 Sessions Judges powers of revision
400 Power of Additional Sessions Judge
401 High Courts powers of revision
402 Power of High Court to withdraw or transfer revision cases
403 Option of Court to hear parties
404 Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
405 High Courts order to be certified to lower Court
Chapter XXXI Transfer Of Criminal Cases
406 Power to Supreme Court to transfer cases and appeals
407 Power of High Court to transfer cases and appeals
408 Power of Sessions Judge to transfer cases and appeals
409 Withdrawal of cases and appeals by Sessions Judges
410 Withdrawal of cases by Judicial Magistrates
411 Making over or withdrawal of cases by Executive Magistrates
412 Reasons to be recorded
Chapter XXXII Execution, Suspension, Remission And Commutation Of Sentences
413 Execution of order passed under section 368
414 Execution of sentence of death passed by High Court
415 Postponement of execution of sentence of death in case of appeal to Supreme Court
416 Postponement of capital sentence on pregnant woman
417 Power to appoint place of imprisonment
418 Execution of sentence of imprisonment
419 Direction of warrant for execution
420 Warrant with whom to be lodged
427 Sentence on offender already sentenced for another offence
428 Period of detention undergone by the accused to be set off against the sentence of imprisonment
429 Saving
430 Return of warrant on execution of sentence
431 Money ordered to be paid recoverable as a fine
432 Power to suspend or remit sentences
433 Power to commute sentence
434 Concurrent power of Central Government in case of death sentences
435 State Government to act after consultation with Central Government in certain cases
Chapter XXXIII Provisions As To Bail And Bonds
436 In what cases bail to be taken
437 When bail may be taken in case of non-bailable offence
438 Direction for grant of bail to person apprehending arrest
440 Amount of bond and reduction thereof
441 Bond of accused and sureties
442 Discharge from custody
443 Power to order sufficient bail when that first taken in insufficient
444 Discharge of sureties
445 Deposit instead of recognizance
446 Procedure when bond has been forfeited
447 Procedure in case of insolvency or death of surety or when a bond is forfeited
448 Bond required from minor
449 Appeal from orders under section 446
450 Power to direct levy of amount due on certain recognizances
Chapter XXXIV Disposal Of Property
451 Order for custody and disposal of property pending trial in certain cases
452 Order for disposal of property at conclusion of trial
453 Payment to innocent purchaser of money found on accused
454 Appeal against orders under section 452 or section 453
455 Destruction of libellous and other matter
456 Power to restore possession of immovable property
457 Procedure by Police upon seizure of property
458 Procedure where no claimant appears within six months
459 Power to sell perishable property
Chapter XXXV Irregular Proceedings
460 Irregularities which do not vitiate proceedings
461 Irregularities which vitiate proceedings
462 Proceedings in wrong place
463 Non-compliance with provisions of section 164 or section 281
464 Effect of omission to frame, or absence of, or error in, charge
465 Finding or sentence when reversible by reason of error, omission or irregularity
466 Defect or error not to make attachment unlawful
Chapter XXXVI Limitation For Taking Cognizance Of Certain Offences
467 Definitions
468 Bar to taking cognizance after lapse of the period of limitation
469 Commencement of the period of limitation
470 Exclusion of time in certain cases
471 Exclusion of date on which Court is closed
472 Continuing offence
473 Extension of period of limitation in certain cases
Chapter XXXVII Miscellaneous
474 Trials before High Courts
475 Delivery to commanding officers of persons liable to be tried by Court-martial
476 Forms
477 Power of High Court to make rules
478 Power to alter functions allocated to judicial and Executive Magistrates in certain cases
479 Case in which Judge or Magistrate is personally interested
480 Practising pleader not to sit as Magistrate in certain Courts
481 Public servant concerned in sale not to purchase or bid for property
482 Saving of inherent powers of High Court
483 Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates
484 Repeal and savings
  The First Schedule
  The Second Schedule

[25th January, 1974 .]

An Act to consolidate and amend the law relating to Criminal Procedure

Comment: This is the basic law of procedure prescribed for criminal law in India.

BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-



Bare Acts Back




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